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Personal Injury Claims

Personal injury claims are claims for compensation when you have sustained a loss, an injury or the avoidable deterioration of an existing condition due to somebody else´s breach in their duty of care. There are many different categories of personal injury claims, but the most common types are:

  • Road traffic accident injury claims.
  • Personal injury claims for accidents and illnesses at work.
  • Public liability claims for injuries sustained in a place of public access.
  • Product liability claims for injuries caused by faulty goods.
  • Medical negligence claims against medical practitioners and hospitals.

 

There are many rules and regulations concerning making personal injury claims in Ireland, and the process can be quite daunting – especially at a time when you may still be recovering from your injuries. The key thing to remember is that, if you or a loved one has sustained an injury due to the negligence of a third party, you should be eligible to make personal injury claims for compensation.

The Personal Injury Claims Process in Ireland

The personal injury claims process in Ireland varies depending on the nature of your injury, whether liability for your injury is accepted by the negligent party, and whether you and the negligent party´s insurers can agree on a fair and appropriate settlement of personal injury compensation.

Usually claims for injuries sustained in road traffic accidents, at work or in places of public access are assessed by the Injuries Board. The Injuries Board will only assess product liability claims if there is a benchmark against which to assess the claim, and has no mandate to assess medical negligence claims.

The Injuries Board does not determine liability or get involved in disputed compensation settlements – but assesses personal injury claims based on the information provided to it. In order to ensure that the Injuries Board has comprehensive information regarding your claim for personal injury compensation, it is advisable to have a solicitor assist you with your application for assessment.

Other Resolution Channels for Personal Injury Claims

If there is a dispute over liability or the settlement of your claim – or your claim falls outside the remit of the Injuries Board – personal injury claims can be settled by negotiation or through the court system. For many plaintiffs, negotiation is the preferred option – although you should be wary of unsolicited offers of personal injury compensation from insurance companies.

Unsolicited offers from insurance companies – or “third party capture” – often fail to reflect the full consequences of a personal injury. You should ensure that any settlement of personal injury compensation accounts for the impact your injury has had on your quality of life – both physically and emotionally – and compensates you for the financial losses you have suffered.

You will find news articles below that provide information about settlements of personal injury claims. Please note that, even if you have sustained an injury similar to the plaintiffs mentioned in the news articles, any settlement of compensation you receive could be considerably higher or lower depending on your individual circumstances and the permanency of your injury.

Why You Should Consult a Solicitor

While we strive to ensure all the articles on this site are factually accurate you should never solely rely on the information supplied here. No two personal injury claims are identical and, while reading our articles can provide you with general information, you should always get expert advice and consult a solicitor before taking any action that may have legal consequences.

We provide a confidential 24-hour helpline where you can talk with a highly experienced and specialised personal injury solicitor who will answer any questions you may have about your potential claim for personal injury compensation.

Settlement of a Cyclist Brain Injury Claim Approved

The settlement of a cyclist brain injury claim has been approved at the High Court after a consideration was made for the cyclist´s contributory negligence. On 2nd August 2013, the thirty-three year old cyclist was cycling through Dublin when he was hit by a van at the junction of the Ongar Distributor Road and Shelerin Road in Blanchardstown. According to an eye-witness, the cyclist was thrown three metres into the air by the force of the impact. Forensic analysis later determined the van was travelling at 57kmph at the time. The cyclist – who had not been wearing a cycling helmet – suffered a traumatic brain injury as a result of the accident. He was taken to the Beaumont Hospital, where he underwent a decompressive craniotomy and – after coming out of intensive care – transferred to the National Rehabilitation Centre. Such was the severity of his injury, he suffered amnesia for four months. The driver of the van – who was uninsured and unlicensed to drive – was jailed for 3½ years in November 2015 for dangerous driving, causing serious harm, and failing to stop after a traffic accident. Following the conviction, the wife of the injured cyclist made a cyclist brain injury claim against the Motor Insurers´ Bureau of Ireland (MIBI). Liability for the man´s injuries was not contested. After reports had been compiled to assess the man´s future needs, a settlement of the cyclist brain injury claim amounting to €3 million was agreed. Although not required to wear a cycling helmet by law, the settlement included a consideration of the cyclist´s own contributory negligence. As the man was unable to represent himself, the settlement then went to the High Court for approval. At the approval hearing, Mr Justice Kevin Cross was told the circumstances of the accident, the consequences to the cyclist´s quality of life and the conviction of the negligent driver. Judge Cross approved the settlement of the cyclist brain injury claim, commenting it had been a dreadful incident. The judge closed the hearing by wishing the cyclist and his family well for the future.

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Woman Awarded Compensation for a Slip on a Wet Manhole Cover

A woman who injured her ankle in an accident at Dublin Zoo has been awarded €105,000 compensation for a slip on a wet manhole cover by the High Court. Gwen Kane (43) from Firhouse in Dublin was visiting Dublin Zoo with her family on 12th June 2011 as a treat to celebrate her son´s first birthday. As Gwen passing the sea lion enclosure, she slipped on a wet manhole cover and fell – injuring her right ankle. Gwen was taken to hospital, where she was diagnosed as having dislocated the ankle. The ankle was put into a plaster cast for seven weeks and Gwen had to use crutches for a further nine weeks to help support her injured ankle. Despite regaining her mobility, Gwen continued to experience pain from her accident. She sought legal advice and claimed compensation for a slip on a wet manhole cover – alleging that the Zoological Society of Ireland had been negligent by failing to clear rainwater away from walkways and viewing areas in order to provide a safe environment for the zoo´s visitors. The Zoological Society of Ireland admitted liability for Gwen´s injury, but rejected the Injuries Board assessment of her claim. Gwen was subsequently issued with an authorisation to pursue her case in court, and a hearing for the assessment of damages recently took place at the High Court. At the hearing, Mr Justice Anthony Barr was told the circumstances of Gwen´s accident and the consequences to her quality of life. He heard that, as a consequence of her accident, Gwen had to give up her hobbies of Breton folk dancing, cycling and long-distance walking – activities that she participated in for charity. Judge Barr said he was satisfied Gwen had given a fair and accurate account of the consequences of the accident, and awarded her €105,000 compensation for a slip on a wet manhole cover in respect of her pain and suffering, with a further award of €9,988 special damages to account for the financial cost of her injury.

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Man Ordered to Pay Compensation for Defamatory Comments Posted on Facebook

A County Monaghan man has been ordered to pay €75,000 compensation for defamatory comments posted on Facebook about the National Director of the NARGC. Monaghan Circuit Criminal Court heard that on or around December 22, 2015, John Gilsenan from Castleblayney in County Monaghan posted defamatory comments on Facebook relating to the way in which the National Director of the National Association of Regional Game Councils (NARGC) had managed the Association´s finances. The defamatory comments alleged that Desmond Crofton – from Stonestown in County Offaly – had made decisions regarding the organisation´s finances that had caused the NARGC “to go broke”. After other members of the Association had been alerted to the comments, a confrontation ensued, and Crofton was suspended from his position as National Director on full pay. Crofton took legal advice and claimed compensation for defamatory comments posted on Facebook against Gilsenan. At the Monaghan Circuit Criminal Court, Judge John O´Hagan was told that Gilsenan had initially contested the claim, but had since abandoned the matter and – as the claim was now uncontested – the case was before the judge for the assessment of damages only. After hearing the facts of the case, Judge O´Hagan ordered that Gilsenan should pay Crofton €75,000 compensation for defamatory comments posted on Facebook. The judge commented that he was awarding Crofton the maximum amount possible in order to “teach people posting messages on the social media site to be very careful”.

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Pony Ride Injury Compensation Claim Settled during Hearing

A pony ride injury compensation claim, made by a woman left with a permanent scar after her accident, has been settled during a hearing to establish liability. Maria Gray (35) – a dentist from Belfast – was among a group of friends having a hen weekend in Galway when she went on a pony trek at Feeney’s Riding School in Thonabrocky on 15th July 2013. The trek started without incident but, as the party slowly descended a steep incline, the legs of Maria´s pony buckled and Maria fell from the saddle. Maria sustained a deep cut on her chin and a wrist injury. She was taken to hospital, where the cut was cleaned and stitched, but she now has a permanent scar that is visible to her patients. Maria´s wrist injury deteriorated and she had to undergo eight weeks of physiotherapy – during which time she was unable to work because of a splint on her arm. After seeking legal advice, Maria made a pony ride injury compensation claim against the owners of the riding school – Gerard and Siobhan Feeney. In her legal action, Maria alleged that pony was too small for her 5 foot 8½ inches frame and was only suitable for a child under the age of fourteen. She also claimed that the school had not given her adequate instruction on how to ride the pony. The Feeney´s denied that the pony was too small for Maria, and argued that she had been offered a larger pony to ride, but had declined the opportunity. Without the riding school owner´s consent to carry out an assessment, the Injuries Board issued Maria with an authorisation to pursue her pony ride injury compensation claim through the courts. The hearing to determine liability opened before Mr Justice Raymond Fullam at the High Court last week. Maria told the judge it was her belief that the pony had already been out on a trek earlier on that very hot day. Consequently it was hungry and tired, and kept stopping to eat grass. She added that the pony was only suitable for a child under fourteen years of age because of its age. Before the second day of the hearing could get underway, the judge was told that the parties had come to an agreement and the pony ride injury compensation claim could be struck.

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Compensation for a Brain Injury in a Crash with a Lorry

The High Court has approved a €750,000 settlement of compensation for a brain injury in a crash with a lorry in favour of a twenty-five year old man. Francis Smith from Edgeworthstown in County Longford was just eighteen years of age when – on 27th January 2009 – he crashed into a stationary council lorry while trying to avoid hitting a car that was heading towards him as he came off of a bend on the southbound carriageway of the road. The stationary lorry had stopped close to where Longford County Council was carrying out roadworks. Francis sustained a traumatic brain injury in the accident, due to which he suffers from physical and cognitive difficulties and has had to give up his job in a local factory. As he is unable to represent himself legally, Francis´ mother claimed compensation for a brain injury in a crash with a lorry against Longford County Council on his behalf. In her claim for compensation for a brain injury in a crash with a lorry, Francis´ mother alleged that the council had been negligent by failing to warn motorists of the roadworks on the southbound carriageway. She claimed that there were no warning signs, no bollards around the roadworks and that the council´s lorry projected into the road – creating a further hazard for motorists. Longford County Council initially refused to accept responsibility for Francis´ injury and argued that Francis had been negligent by taking the bend at an excessive speed. However, after a period of negotiation, the two parties agreed on a €750,000 settlement of compensation for a brain injury in a crash with a lorry. As the injury compensation claim had been made on behalf of a plaintiff unable to represent himself, the settlement went to the High Court to be approved by Mr Justice Kevin Cross. Judge Cross heard the circumstances of the accident and the impact it had on Francis´ life before approving the settlement of compensation for a brain injury in a crash with a lorry. The judge noted that the €750,000 settlement represented a quarter of the claim´s full value and said that, in the circumstances, the settlement was a good one. Judge Cross closed the approval hearing by wishing Francis all the best for the future.

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Claim for a Broken Ankle in a Pothole Accident Resolved Out of Court

A woman has resolved her claim for a broken ankle in a pothole accident for an undisclosed amount after the first day of a hearing at the Circuit Civil Court. Pamela Duffy (52) from Shankill in County Dublin broke her ankle due to tripping over a pothole outside of the Tel El Kebir (TEK) United Football Club after celebrating her husband´s fiftieth birthday at the venue on 1st October 2011. Pamela was taken to hospital, and fitted with a below-the-knee plaster cast that remained in place for the next six weeks. She also had to wear a boot brace and use crutches to assist her when she was walking. After seeking legal advice, Pamela made a claim for a broken ankle in a pothole accident against the football club – who contested her claim on the grounds that Pamela had admitted to drinking ten pints of beer prior to her accident and had contributed to her injury due to her own negligence. The club also argued that, as a member of the football club, Pamela was prohibited from making a claim for a broken ankle in a pothole accident as she would effectively be suing herself. Pamela disputed that she was a member – although it later emerged that her husband had once submitted an undated application on Pamela´s behalf. At the Circuit Civil Court in Dublin, Judge Jacqueline Linnane told the parties that there would have to be a preliminary hearing to determine whether Pamela was indeed a member of the football club, and she adjourned the hearing to give the two parties an opportunity to resolve the claim for a broken ankle in a pothole accident by negotiation. When the two parties returned, Judge Linnane was told that Pamela´s claim for a broken ankle in a pothole accident had been resolved for an undisclosed amount and that the case could be struck off.

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Man Settles Claim for Slip on Stairs of Council Property

A man from Cork has settled his claim for a slip on stairs of a council property one day into a hearing to determine liability at the High Court. William Busteed (59) from Cork City was departing his council-owned apartment to catch a flight to Majorca on 9th May 2009, when he slipped on a wet step of the complex´s stairway and fell down to the bottom of the stairs – sustaining injuries to his face and left shoulder, and fracturing his left arm. William was taken to the Cork University Hospital, where he received treatment for his injuries; and, after seeking legal advice, he made a claim for a slip on the stairs of council property against Cork City Council. William claimed in his legal action that a smoke alarm in the six-unit complex would go off twice a week and that this caused vents above the stairwell to open and allow the rain in. The vents could only be closed by a council workman, and William claimed to have informed Cork City Council about the hazard, but nothing had been done about it. Cork City Council contested the claim for a slip on stairs of a council property. It produced evidence that William´s complaints had been dealt with within 48 hours of them being made, and claimed that the reason he fell in the stairwell was because he was intoxicated and in a hurry to get to the airport. The council also produced William´s medical report from when he attended Cork University Hospital which, the council claimed, showed a high level of alcohol in his blood. William denied that he had been drinking excessively, and told Mr Justice Daniel Herbert at the High Court that on the day of the accident he had drunk no more than two small bottles of beer. He explained to the judge that he was aware airlines would not allow passengers to fly in an intoxicated condition and would not put himself into that position. William´s claim for a slip on the stairs of a council property was adjourned until the following day but, before the hearing could restart, Judge Herbert was informed that a negotiated settlement of William´s claim had been agreed and that the case could be struck out.

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Injury Claim for Bin Truck Accident Settled for almost €5 Million

A judge has ruled that an injury claim for a bin truck accident should be settled for €4,885,888 after a hearing at the High Court. Padraig Hearns was enjoying a night out in Dublin on 23rd April 2007 when he was assaulted in Sycamore Street in the city´s Temple Bar area and was subsequently run over by a Dublin City Council bin truck, as he lay dazed and confused in the road. Due to the bin truck running over him, Padraig (39) from Hollywood in County Wicklow sustained a fractured skull and severe arm and injuries. He was put into an induced coma on arrival at hospital, where he stayed for several months recovering from his injuries. Due to the brain injury sustained when the bin truck ran over him, Padraig – a former air steward for British Airways – will never be able to work again or live an independent life. He currently lives at home where he is cared for by his parents and siblings. Padraig´s parents made an injury claim for a bin truck accident against Dublin City Council, but the local authority denied their responsibility for Padraig´s injuries – arguing that it was not the fault of the bin truck operators that Padraig had been lying in the street at the time of the accident. The claim went to the High Court, where it was heard before Mr Justice Michael Peart. The judge found in Padraig´s favour after being told that Dublin City Council had broken its own by-laws by collecting commercial waste in Temple Bar between the hours of 12:00pm and 6:00pm. The judge noted “It makes complete sense from a public safety point of view that these large refuse trucks would not be permitted to try and negotiate their way through an area such as the narrow and crowded streets of Temple Bar when so many people are present”. Judge Peart added that the operators of the bin truck had a duty of care to have one operator outside of the truck as it moved on in order to ensure that it was safe to do so. He considered that Dublin City Council´s bin truck operators had broken that duty of care by failing to notice Padraig lying in the path of the vehicle. The judge awarded Padraig €4,885,888 in settlement of his injury claim for a bin truck accident which included €350,000 for past and present pain and suffering, €266,341 for loss of earnings, €155,230 for care costs to date and €3,485,000 for care costs in the future. He also awarded costs against Dublin City Council.

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Judge Approves Compensation for Injury in a Pub Accident

A High Court judge has approved a settlement of compensation for an injury in a pub accident which left an eighty-year-old man brain damaged and needing permanent care. In April 2011, Frank McHugh from Rathgar in Dublin had been celebrating Easter with his family at the Stags Head pub in Dublin when he left the group to visit the toilets shortly after the dinner had finished. As Frank started to descend the stairs that led from the pub area to the toilets, he tumbled and fell – sustaining a brain damage which left him in a coma and several fractures of the skull. Due to his head injuries, Frank has no recollection of the fall and will need permanent care for the remainder of his life. Frank claimed compensation for an injury in a pub accident through his son against Shelbourne O´Brien Ltd – the licensees of the Stags Head – claiming that there was a failure in the duty of care to provide a safe means of access to the toilets and that no warning signs were present advising patrons of the dangers of using the stairs. Shelbourne O´Brien Ltd contested the claim for pub accident injury compensation – saying that Frank had descended the stairs in an unsafe manner and that he had fallen as a result of his own negligence. The company presented CCTV footage in its defence which showed Frank taking the first step of the stairs and then falling down them. Despite Shelbourne O´Brien Ltd denying their liability for Frank´s injuries, at the High Court in Dublin Ms Justice Mary Irvine was told that the company had made an offer of compensation for an injury in a pub accident amounting to €250,000. The judge heard that the value of the settlement was a fraction of what a full compensation settlement amount to, but that it had been recommended by Frank´s solicitors that the family accept it. After hearing the circumstances of Frank´s injuries, and of the care that had been provided for him subsequently by his family, Ms Justice Mary Irvine approved the settlement – stating she agreed that €250,000 would not go far in covering the costs of Frank´s care, but Frank´s injury claim for compensation for an injury in a pub accident was lacking in evidence and would likely be unsuccessful if it went to a full trial.

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Allergic Reaction Compensation Claim Against Hairdresser Resolved Prior to Court Hearing

A woman has resolved her allergic reaction compensation claim against her hairdresser in an undisclosed out-of-court settlement just before a hearing was due to get underway. Grainne Moynihan (33) made the allergic reaction compensation claim against her hairdresser – Coiffeur Salons Ltd in William Street South, Dublin (trading as Dylan Bradshaw) – following a colouring treatment she underwent at the salon on 11th November 2010. Grainne from Castleknock Park in Dublin alleged in her allergic reaction compensation claim that, following her visit to the salon, a rash developed on her scalp, ears and neck which she attributed to an allergic reaction from the treatment she had received Grainne visited her doctor, who prescribed her antihistamine medication and a course of oral steroids, and then sought legal advice about making a compensation claim against her hairdresser. Coiffeur Salons Ltd contested liability for Grainne´s claim, and the Injuries Board issued her with an Authorisation to pursue her claim in court. Coiffeur Salons Ltd continue to argue that treatment Grainne received had not been negligent and the company entered a full defence against the claim prior to the case being scheduled to be heard at the Circuit Civil Court before Judge Matthew Deery. However, before the hearing into Grainne´s claim commenced, Judge Deery was informed the compensation claim against the hairdresser could be struck off as an undisclosed settlement had been reached prior to the court hearing.

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Black Eye Claim for Compensation Settled in Court

The Circuit Civil Court has settled a black eye claim for compensation after hearing the circumstances of how a university student sustained her injury in an acupuncture training course. Forty-five year old Bernadette Poleon from Dunboyne, County Meath, volunteered in April 2010 to take part in an acupuncture training course that was being held at the Irish Institute of Traditional Chinese Medicine in Dublin. One of the exercises during the training course involved a student inserting a needle below each of Bernadette´s eyes. After the student´s placement of the needles was examined by a course supervisor, the needle below Bernadette´s right eye was repositioned. Later the same day, the skin around Bernadette´s left eye became swollen and tender and, within two days, significant bruising had developed around the eye. The swelling and tenderness disappeared several days later, but the discolouring around Bernadette´s eye lasted a further seven weeks. After Bernadette also developed a sinus problem – for which she is still receiving treatment from her GP – she made a black eye claim for compensation against Bellfield Consultants Ltd, who are the owners of the Irish Institute of Traditional Chinese Medicine. Bellfield Consultants Ltd contested the black eye claim for compensation and presented a full defence against the claim when court proceedings were issued. However, when the case was about to be heard by Judge Jacqueline Linnane at the Circuit Civil Court, the judge was told that – by consent – the case was now before her for the assessment of compensation only. After hearing how Bernadette had sustained her injury, and the embarrassment she experienced while the injury was still visible, the judge awarded Bernadette €6,000 in settlement of her black eye claim for compensation and costs.

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Woman Awarded Compensation for an Injury on a Supermarket Escalator

A court in America has awarded $9.9 million in compensation for an injury on a supermarket escalator to a woman who developed complex regional pain syndrome after an accident at her local Costco. Rose Nudelman from New York had finished shopping in the Brooklyn branch of Costco when she manoeuvred her loaded shopping trolley onto the ascending supermarket escalator to return to her car. The escalator was equipped with a mechanism to prevent the shopping trolley rolling back down the slope so that customers did not have to hold onto it; however, on this occasion the trolley broke free of the mechanism and struck fifty-one year old Rose with force on the wrist. Despite not having experienced any apparent physical injuries, Rose reported the accident to the supermarket after it happened. Two weeks later, however, she had lost her mobility and could only hobble around her home with the use of a cane. Doctors diagnosed the neurological condition “Complex Regional Pain Syndrome” and, after seeking legal advice, Rose made a claim for compensation for an injury on a supermarket escalator. Costco denied their liability for Rose´s injuries, and argued that she exaggerated her condition in order to claim injury compensation; however Rose persisted with her claim and, after a court hearing, a jury awarded her $9.9 million in compensation for an injury on a supermarket escalator. After the hearing Costco´s insurers said that they are likely to appeal the settlement, but Rose´s solicitor said no amount of money would persuade anybody “you or I know” to change places with his client.

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Binman to Receive Compensation for Being Burned by Hot Oil at Work

A binman is to receive compensation for being burned by hot oil at work after a hearing at the Circuit Civil Court. Kamil Kozlowski (30) from Part West Point in Dublin feared that he would go blind after a hydraulic cable on the back of the garbage truck he was emptying bins into burst, and sprayed him in the face with hot oil. The accident – which occurred in Sandyford Road in Dublin in July 2011 – was quickly attended by an ambulance crew, who applied first aid at the scene of the accident and then took Kamil to the Royal Victoria Eye and Ear Hospital in Dublin. At the hospital, Kamil had his eyes rinsed and was prescribed eye drops; however, Kamil continued to experience pain in his left eye and it was a month before his vision returned to normal. Kamil sought legal advice, and made a claim for compensation for being burned by hot oil at work against his employers; claiming that they had breached their duty of care by failing to maintain the garbage truck to an acceptable standard. His employers – Panda Waste Services Ltd of Navan, County Meath – admitted their liability for Kamil´s injury, but the company´s insurers could not reach a satisfactory settlement of the claim with Kamil´s legal advisers. Consequently, the claim for being burned by hot oil at work was presented to Judge Alison Lindsay at the Circuit Civil Court, who – after hearing the circumstances of Kamil´s accident and injury – awarded him €15,565 compensation.

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Travelator Compensation for Fall on Moving Walkway

A female who caught the heel of her shoe in a hole on a travelator in a Dublin shopping centre has been awarded €13.150 in travelator compensation for a fall on a moving walkway after a hearing at the Circuit Civil Court. Nuala Holloway Casey (60) from Blackrock in Dublin claimed for shopping centre compensation against Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, travelator and escalator fitters, of Ballymount, County Dublin, after being inflicted with an ankle injury at the Superquinn Shopping Centre in December 2007. Judge Barry Hickson in the Circuit Civil Court was informed that in December 2007, Nuala hit the ground badly after she caught her high heel shoe in a hole at the top to a descending moving walkway – damaging her left ankle. The court was told that she still felt pain in the ankle and had no choice but to give up playing tennis because of the injury. As liability in the case had already been accepted by the by the joint defendants the only argument remaining was the final amount of compensation to be awarded for a fall on a moving walkway. This was in dispute as Ms Holloway Casey had failed to seek medical treatment for 10 days after the incident occurred and exacerbated her injury by a separate fall in 2009. After reviewing the medical testimony in support of the compensation claim, Judge Hickson awarded the former Miss Ireland €12,000 supermarket travelator compensation for the fall on the moving walkway plus a separate €1,250 to make up for the costs she had incurred which were directly attributable to her accident.

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Compensation for Slip in Argos Store Awarded in Court

A customer, who slipped on a discarded baby wipe in Argos and damaged his shoulder when he fell, has been awarded 17,500 Euros in injury compensation for a slip in Argos at the Circuit Civil Court in Dublin. Declan Conroy from Dublin had been shopping at the Henry Street branch of Argos in May 2008 when his accident happened. While queuing at the counter to order a lawnmower for his mother, he slipped on a baby wipe which had been discarded on the floor and fell – injuring his shoulder on the floor. After receiving medical attention, Declan made a claim for compensation for a slip in Argos against the store – claiming that their system of monitoring the store for potential hazards was inadequate and he had sustained an injury as a result. Argos denied liability for Declan´s injury; claiming that CCTV footage revealed the presence of the baby wipe just six minutes before Declan´s accident and arguing that staff could not possibly be required to constantly monitor the floor for hazards in a historically low-risk store. However, Judge Jacqueline Linnane at the Circuit Civil Court heard a forensic engineer – appearing on Declan´s behalf – testify that, because of the extra footfall in the queuing area, a greater level of vigilance should be applied. It was also revealed in court that five minutes before the baby wipe first appeared on camera, CCTV footage showed a woman manoeuvring a baby buggy through the area. Judge Jacqueline Linnane determined that, on the balance of probabilities, it was the woman with the baby buggy who had dropped the baby wipe and, as more than ten minutes would have passed between the hazard being present and Declan sustaining his shoulder injury, she was finding Argos liable. She awarded Declan 17,500 Euros compensation for a slip in Argos injury plus costs.

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Luas Accident Injury Compensation Approved in Court

A man, who was hit by a Luas tram as he was crossing the Naas dual carriageway to catch a taxi, has had a negotiated settlement of Luas accident injury compensation approved in the High Court. Derek Cross (52) from Clondalkin in Dublin was crossing the road to the taxi stop by the Red Cow Hotel when the accident happened on 15 September 2007. Having enjoyed an evening drinking with friends at the Bluebell United Football Club, Derek was hit by the Luas tram travelling from Kylemore to the Red Cow stop despite the driver applying the emergency brakes. Derek sustained several broken ribs and a traumatic brain injury in the accident which have prevented him from working for the past five years and has forced him to use crutches if he travels any distance. After seeking legal advice, Derek made a claim for Luas accident injury compensation on the grounds that he was lawfully crossing the road and that the operators of the Luas tram service, the Railway Procurement Agency and Veolia Transport (formerly Connex Transport) had failed to provide proper signage and safe passage when crossing over tram lines. The defendants disputed the claim, alleging that Derek was intoxicated at the time and had contributed to the cause of his injuries by his own lack of care. However, as Ms Justice Mary Irvine heard at the High Court, an offer of settlement amounting to 650,000 Euros had be made to Derek for his Luas accident injury claim, and the case was before her for approval of the settlement only. Stating that the out-of-court agreement was a good one in light of the circumstances, and that Derek´s Luas accident injury compensation claim was not guaranteed to succeed if it was presented at court, Ms Justice Mary Irvine approved the settlement.

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Compensation for Nightclub Injury Awarded by Court

A man who was shot in an unprovoked attack in a Washington DC club has been awarded 673,000 dollars in compensation for a nightclub injury by a court in the United States. Singer Jamel Williams (26) of Baltimore, Maryland, was shot at the Island Café Restaurant nightclub in March 2008 by an unknown attacker after finishing a performance at the popular venue. While standing with friends at the bar, an unidentified man approached Jamel and fired one shot at him. The shot passed through Jamel´s outstretched hand and lodged in his head. Judge Craig Iscoe at the Superior Court of the District of Columbia heard that doctor´s were unable to remove the bullet due to its location and the risk to life that such an operation would present. He was also told that despite the nightclub having been warned of the risk of violence due to multiple violent crimes having been committed in the neighbourhood, no additional security had been hired to protect guests and performers at the club from risk of injury. The judge agreed with Jamel´s legal representatives that the Island Café Restaurant had been negligent in allowing an armed man entry to the club and approach Jamel and awarded the singer 650,000 dollars compensation for nightclub injury for the pain and suffering he had experienced at the time of the shooting, plus special damages amounting to 23,172 dollars in respect of Jamel´s medical expenses.

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Compensation for Pub Door Arm Injury Awarded in Court

A man who suffered nerve damage when a door fell from its hinges and onto his arm has been awarded 35,000 Euros in compensation for pub door arm injury in Dublin´s Circuit Civil Court. The court heard how Radoslaw Wojtkow (31) of Dundrum, Dublin, had been exiting The Living Room pub on Cathal Brugha Street, Dublin on May 27th 2009 when an emergency door which had been opened to allow customers to come in and out of the pub fell from its hinges and struck him on the arm. A medical examination the following day showed no signs of a fracture but, as the pain in his arm continued, Radoslaw underwent a scan which revealed radian nerve damage. Radoslaw brought a claim for compensation for pub door arm injury against Murraywalsh Ltd trading as The Living Room but, as Mr Justice Matthew Deery at the Circuit Civil Court heard, the pub owners had declined to enter a defence to Radoslaw´s claim. Mr Justice Matthew Deery was also told that a judgement against the pub owners had already been made and that the case was before him for assessment of damages. After considering the medical reports of Radoslaw´s condition, the judge awarded him 35,000 Euros in compensation for pub door arm injury.

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Compensation Claims in Ireland Increase for Fifth Year Running

The latest annual report by the Injuries Board has revealed that the number of compensation claims in Ireland has increased for the fifth year running.   In 2011, the Injuries Board received 27,669 applications for assessment compared to 26,964 in 2010 – an increase of 3 per cent in line with the trend seen in recent years. Of those applications, 9,834 (35 per cent) received assessments, with the remainder of the compensation claims in Ireland being resolved by negotiation or declined for assessment. The total Compensation amounts in Ireland also appear to be increasing – with the total value of claims assessed by the Injuries Board rising to almost 210 million Euros. In 2011, compensation claims in Ireland for injury at work fell to just 8.4 per cent of the applications for assessment made to the Injuries Board, while public liability compensation claims in Ireland remained steady at 15.1 per cent and claims for injuries sustained in road traffic accidents increased to 76.5 per cent. The Injuries Board does not assess compensation claims for medical negligence or those in which liability is disputed.

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Helicopter Injury Claim Results in Substantial Award of Compensation

A man in Hong Kong, who suffered substantial head injuries when his friend lost control of a model helicopter, has been awarded HK 8.8 million dollars (850,000 Euros) following a helicopter injury claim for compensation. The High Court in Hong Kong heard that Law Kwok-Wah (48) had been watching his friend, Chan Man-Kin, fly the 6 kilogram helicopter at speeds of up to 90Km/hour at the Hong Kong Science Park in January 2008, when Chan lost control of the toy and it fell to the ground. One of the 1.5 metre helicopter blades struck Law on the head and sliced away part of his skull. Law was immediately taken to hospital and underwent emergency brain surgery to save his life. Although Law made a significant recovery, he is now semi-paralysed and confined to a wheelchair. Law made a personal injury claim against his friend, claiming that it was necessary as his family could not live solely on his wife´s income and, in the High Court of Hong Kong, three judges found in Law´s favour after Chan admitted being distracted while in charge of a model helicopter. The judges awarded Law HK 8.8 million dollars in respect of his helicopter injury claim to account for the pain and suffering he had experienced, his loss of amenity and both present and future lost income.

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Pedestrian Hit by Lorry has Brain Damage Injury Compensation Approved in Court

A woman who was walking home from the shops when she was struck by a lorry trying to avoid impact with cars that had already crashed on a busy dual carriageway has had her brain damage injury compensation settlement approved at London´s High Court.  Devbai Patel (60) from Neasden, London, was returning home from a visit to the shops when the accident occurred in January 2008. The lorry mounted the pavement alongside the North Circular Road and hit Devbai before crashing into a wall. The driver of the lorry was killed instantly, and Devbai was air-lifted to hospital with multiple fractures and a traumatic brain injury. Devbai underwent emergency surgery and remained in intensive care for two weeks. She had to undergo months of rehabilitation before being discharged from hospital, and is now cared for at home by her husband and children. After seeking legal advice, Devbai´s family made a pedestrian accident claim for brain damage injury compensation and, at London´s High Court, Mrs Justice Cox heard that an agreement had been reached between the family and the insurance company of the driver responsible for causing the multiple vehicle accident. The settlement of brain damage injury compensation will see Devbai receiving an immediate lump sum payment of 750,000 pounds, with annual index-linked and tax-free payments of 25,000 being made to the family to provide her with the ongoing care she needs. Mrs Justice Cox approved the settlement and wished the family well for the future.

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Settlement for Trip injury girl

A teenage girl, who tripped on a faultily repaired step outside her home, has accepted an offer of a settlement for trip injury from Dublin City Council amounting to 32,300 Euros. Sarah O’Mahony (18) was just nine years old when the accident happened in October 2002 outside of her residence in Dublin. Walking up the concrete steps near to her home, Sarah tripped on a poorly repaired stair and fell – hitting her central incisors on a higher step and forcing the teeth back into her gum. At the Dublin Circuit Civil Court, Circuit Court President Mr Justice Matthew Deery heard that Sarah’s original claim for trip injury compensation had been adjourned in 2006 because of a need to obtain further dental reports; however now the Injuries Board Ireland had assessed her claim at 32,300 Euros and Dublin City Council was in agreement with the figure. Mr Justice Matthew Deery heard from Sarah’s legal representative that she was also prepared to accept the assessment of trip injury compensation, and the judge agreed that it was in her best interests to accept the offer.

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Compensation for Injury from Falling Object in Shop

A woman has been awarded €25,000 in compensation for injury from falling object in a shop in the Circuit Civil Court. Breeda Redican of Donabate, County Dublin, was injured in July 2009 when a tin of paint fell on her foot fromits at the Homebase store in Santry, County Dublin. The accident occured when Redican requested help finding a specific type of paint from a sales assistant. The assistant pointed out the location of the paint on a shelf at face level height but just stood beside Redican while she attempted to left the can of paint.  The tin of paint was 2.5 litres and handle on the tin was not visible because the tins were closed packed together. Redican was unable to heavy paint tin and it slipped and landed on her right foot.  Redican was wearing flip-flops and required stitching on her toes. She has suffered ongoing reduced mobility in her foot with some pain. Homebase denied any negligence but Judge Jacquline Linnane awarded €25,000 compensation to Ms Redican.

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Pool Death Claim results in €15.8m award

The family of a woman who sustained horrific injuries and subsequently died after an inflatable pool slide “bottomed out” has been awarded €15.8m in a pool death claim by a judge in Salem, Massachusetts. Robin Aleo (29) from Boston, Massachusetts, was enjoying a day by her relative’s swimming pool in July 2006 when she attempted to go down the slide into the pool where her husband and daughter were playing. As she came to the bottom of the inflatable slide, it “bottomed out”, causing her to hit her head on the pool decking. Robin was rushed to hospital with a fractured neck and was put on life support in a quadriplegic condition. When she showed no signs of recovery, the life support system was turned off and Robin passed away a short time after of her injuries. Claiming that the slide had been faulty and failed to comply with federal standards for inflatable toys, Robin’s husband took the retailer of the slide – “Toys R Us” – to court in a product liability compensation claim. In the Salem Superior Court, the jury concurred with argument and found Toys R Us professionally negligent in importing the inflatable slide from China and selling it – both online and in their retail outlets. After a short deliberation, the judge awarded compensatory and punitive damages totalling €15.8m to the family, saying “Although nothing can bring Robin back, this award will help provide some security for the husband and daughter who lost her.”

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Supermarket Car Park Injury Claim

A sixteen year old boy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a supermarket car park injury claim settlement of 36,800 Euros approved in the Circuit Civil Court. Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident occurred in 2006. Scaling a supermarket car park fence at the Firhouse Shopping Centre, he caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into the inside of his left thigh. Michael’s injuries were so bad that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a reminder of his injury. Liability for the injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery was told that that the defendants had made a settlement offer of 36,800 Euros. The judge approved the offer, stating that it should be invested in court funds until Michael’s 18th birthday in March 2015.

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Girl struck by bus wing mirror awarded almost £17,000

Megan Ledden, now aged 14 years, of Glasnevin, Dublin, has been awarded €20,000 damages in the Circuit Civil Court in a case against a minibus owner following an accident where she was struck in the head by a wing mirror. The accident occurred on a pedestrian crossing on Old Finglas Road in March 2007. Ledden was knocked unconscious as she fell back and hit her head on the ground. Ledden suffered a laceration on the right side of her forehead and bruising on her right knee. The result was permanent faint scarring under the hairline on her forehead, although fortunately it is not visible. Mr Justice Matthew Deery approved the settlement and also awarded legal costs.

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Settlement approved in Rash from Sofa Claim

A six year old girl has had a compensation settlement for a rash from a sofa claim approved in the Circuit Civil Court. She developed a skin condition due to chemicals used in the manufacture of a sofa. The judge heard in court how Holly David was just two years old when her family purchased the sofa in 2006 from Argos Ltd. Holly and her family started to develop skin problems and tingly rashes immediately after the purchase of the sofa, and Holly had to receive medical treatment for dermatitis. Her family replaced the sofa, which was later discovered to contain the mould inhibitor dimethyl fumarate – a chemical which has subsequently been banned in the EU for use in sofas, and which prompted Argos Ltd to recall the product in 2009. Holly’s mother, Gabriela,  took legal advice and an application was made for compensation on the grounds of product liability. Following assessment of Holly’s case and recommended damages of £8335 – a figure agreed by both Holly’s family and Argos Ltd, but one which had to be approved in court due to Holly being a minor.

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Navan Man Awarded Compensation for Assault by Nightclub Doormen

A nightclub attendee has been awarded compensation for injuries he sustained after being assaulted by two doormen in Navan, Co Meath. Glen Turner had insisted that his pre-existing epilepsy has significantly worsened since the assault, which happened in September 2001. Although the full terms of the settlement were not disclosed, Mr Turner told Mr Justice Iarflaith O’Neill that the terms of a settlement included a payment of €100,000. The claim was pursued against Quinn Hotels Ltd, which operates the Ardboyne’s Hotel. Quinn Hotels Ltd operates from offices at Hotel Kilmore, Dublin Road Co Navan.

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Beauty Salon Waxing Injury Claim Paid

A beauty salon waxing injury claim has been settlement has been paid by the So Belle beauty salon in the Ashleigh Centre, Castleknock, County Dublin to Suzanne Kelly of Clonsilla, County Dublin. The waxing injury claim of €38,000 was made  over severe rash burns to her armpits and groin following an unsuccessful waxing.  The victim suffered a painful rash and swelling in the affected areas.  Although the beauty salon entered a full defence in the Circuit Civil Court, it made an undisclosed settlement.

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Needle Injury Compensation Awarded for Bus Syringe Jab

A man who was jabbed by a syringe which had been discarded on a Dublin bus has been awarded 25,000 Euros in needle injury compensation after a hearing at Dublin´s Circuit Civil Court. Gareth Quinn of Clondalkin, County Dublin, was taking his seat on the 78A bus at the Liffey Valley Shopping Centre in February 2005 when he sustained a needle injury to his leg from a syringe which had left by the seat. When Gareth alerted the bus driver, an ambulance was immediately summoned which took him to hospital and the syringe was analysed for contamination. Although tests on the needle found no traces of hepatitis B or hepatitis C, Gareth underwent a series of blood tests for three years until it could be guaranteed that he was at no risk of infection. Gareth brought a claim for needle injury compensation against Dublin Bus, claiming that the bus company were negligent in failing to provide safe transportation for its customers. At the Dublin Circuit Civil Court, Judge Joseph Matthews agreed that visual inspection of the bus had been insufficient and awarded Gareth 15,000 Euros for the pain and inconvenience he had already suffered with a further 10,000 Euros for future suffering.

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Car Crash Passenger Compensation Awarded to ex-Singer

A promising young singer, whose career was terminated due to a horrific car crash, is to receive 3 million pounds in car crash passenger compensation after a settlement was agreed between his solicitors and insurers for the driver of the car in which he was travelling. Owen Griffin (26) from Waterford was the back seat passenger in a car travelling from Glasgow to Stranraer, when the driver was in a head-on collision with a motorcyclist. Both the motorcyclist and the driver´s five-year-old son were killed in the accident, while Owen suffered severe physical injuries and brain damage which left him in a coma for weeks. Owen still has no recollection of the accident and, in 2007, had to move into an assisted living scheme to receive the round-the-clock care and attention he needs. He was forced to abandon his career with the boy band Idolize as he can no longer sing due to the effects on his voice of a tracheotomy performed after the accident. Owen brought a car crash passenger compensation claim against the driver of the car but, because he was the injured passenger in an accident where the driver was from Northern Ireland, the case was due to be heard at the High Court in Belfast. However, shortly before the trial was due to commence, Mr Justice McLaughlin was told that the two sides had agreed a settlement figure and the case was to be struck.

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Compensation for Swimming Pool Injury Awarded to Quadriplegic

A man, who sustained catastrophic spinal cord injuries after mistakenly diving into three and a half feet of water at a friend´s swimming pool, has been awarded over 4 million dollars in compensation for swimming pool injury by a jury in Cook County, Illinois. Don Duffy, an Irish immigrant, had never swum in an American pool before, and assumed that he was diving into the “deep” end. Unfortunately the pool at his friend´s home was shallow at both ends and deep in the middle, and Don – who was aged 22 at the time of his accident in July 2001 – suffered a spinal cord injury on impact with the floor of the pool which rendered him an incomplete quadriplegic. After seeking legal advice, Don made a swimming injury compensation claim against the pool liner maker Latham Plastic and pool installer Black Oak Pool and Supply. During the trial, the defendants alleged that Don had been drinking prior to the accident and should have assumed the risk of injury when diving into a pool without knowing how deep it was. After considering the legal arguments, the jury ruled in favour of the pool liner company but against Black Oak Pool and Supply. They decided that Don should be 50 per cent accountable for his injuries and therefore reduced a compensation for swimming pool injury settlement of over 8 million dollars to 4,051,200 dollars – the highest ever pool-related compensation settlement in Illinois.

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Lifting at Work Injury Claim Settled for Hospital Porter

A hospital porter, who claimed that he required surgery on his shoulder due to an injury sustained when he lifted a dead man from a hospital bed, has settled his lifting at work injury claim against the Adelaide and Meath Hospital in Tallaght. Austin Dowling (59) from Tallaght, County Dublin, alleged in an injury compensation claim that he suffered pain and loss of movement in his right shoulder following the accident in January 2005. The injury occurred, Austin claimed, as there was no proper equipment provided at the hospital for mortuary porters to slide a body onto a concealment trolley, and he had received no formal training on the use of the type of containment trolley that was being used. Austin also claimed that there was no safe system for his type of work implemented at the hospital and that the trolley he had been provided with was unsafe. The lifting at work injury claim was settled for an undisclosed sum without the need for the case to go to court and without an admission of liability from the hospital.

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Insurance Company Compensation Tactics Condemned by Law Society

The Law Society of Northern Ireland has produced a report on “Third Party Capture” which condemns insurance company compensation tactics and calls for greater protection for victims of personal injury. The report, which focuses on approaches made to a potential claimant by insurances companies after one of their clients has been responsible for causing a personal injury, identifies specific issues which the public should be aware of:- Discouraging potential claimants from seeking a medical opinion Discouraging potential claimants from seeking professional legal advice Providing incorrect personal injury information to injured parties in respect of their legal rights Pressurising potential claimants to make decisions about accepting an offer of compensation before they know the full consequences of their injuries One positive result from insurance company compensation tactics is that many more claims are being resolved quicker, as the insurance companies have acknowledged their clients´ negligence and are more open to negotiating a settlement. Nonetheless, the report warns against victims settling a personal injury compensation claim without first getting a medical opinion, and recommends that claimants should also seek professional legal advice from a qualified personal injury solicitor.  

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Compensation for Holiday Food Poisoning Paid to Honeymooner

A man, who contracted the potentially life-threatening dysentery illness after eating at an all-inclusive resort on his honeymoon in 2004, has received compensation for holiday food poisoning from the travel company through which he booked the trip. Julian Hurley (50) from Doncaster, South Yorkshire, was staying on the Venezuelan island of Margarita when he ate food described as being of poor standard and contracted the illness. Due to a lack of medical facilities on the island, it was not until Julian returned home that he was treated for his condition. Julian was immediately admitted to Doncaster Royal Infirmary where he was treated for five days with antibiotics and he still suffers from the effects of his illness five years after his honeymoon. In his claim for public liability compensation against First Choice Holidays Julian provided medical evidence to show that he has irritable bowel syndrome, post-traumatic stress and chronic fatigue syndrome which are all attributable to being ill while on holiday. First Choice Holidays investigated the claim and, after negotiation with Julian´s legal representatives, settled out of court with compensation for holiday food poisoning of 286,500 pounds.

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Court Settles Compensation for Accident with Uninsured Driver

A court in Scotland has had to determine the settlement of compensation for accident with uninsured driver, after the representatives of a man who sustained brain injuries in a tragic accident could not reach an agreement with the Motor Insurers´ Bureau. Lord Woolman, at the Court of Session in Edinburgh, heard how Sean Milligan (44) spent 28 weeks in a brain injury rehabilitation unit after being involved in a van accident in May 2004. The driver of the stolen van which hit Sean´s Nissan Micra head-on had been banned from driving and was under the influence of alcohol when the accident happened. Despite his extended rehabilitation, Sean still suffers from bouts of anger and depression, and finds it difficult to concentrate, balance and walk. As the driver responsible for Sean´s injuries – Mark Lynch – was uninsured, a claim for compensation for accident with uninsured driver was made against the Motor Insurers´ Bureau. However, no agreement could be reached on how much compensation for accident with uninsured driver Sean should receive, and the case was before Lord Woolman for assessment of damages only. Announcing a decision to award 3.3 million pounds, Lord Woolman stated that the crash had devastating consequences for Sean which were “demonstrated by the fact that he requires round-the-clock care, seven days a week”.

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Trip in Pub Compensation Awarded to Well Heeled Smoker

A woman, who fell in the smoking area of her local pub due to the heel of her stiletto shoe snagging on a damaged floor, has settled her trip in pub compensation claim with the bar´s insurers for 18,000 pounds. Selena Gilder (40) from Tewkesbury, Gloucestershire, had just finished a cigarette in the smoking area of the town´s Albion Pub in April 2007, and was returning to her seat in the main area of the pub, when the heel of her shoe got caught in broken concrete. She tripped and then fell, smashing her knee, breaking her leg and sustaining severe scar injuries. Selena had to undergo three operations to repair the damaged knee and missed eight months from work due to her injuries. During this time she suffered financial hardship as well as the pain from her broken leg. After seeking advice from a personal injury solicitor, Selena made a tripped in pub compensation claim, stating that she fell due to the state of the floor which she may have been able to avoid had the lighting not been so poor. The pub´s insurers agreed to settle the claim for 18,000 pounds once they had seen Selena´s medical records.

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Tube Driver Awarded Damages for Severe Emotional Trauma

The driver of the London Underground train on which Jean Charles de Menezes was mistakenly shot dead has been awarded 1,000 pounds in damages for severe emotional trauma by the Criminal Injuries Compensation Authority (CICA). Quincy Oji was the driver of the Northern Line train in July 2005 which was boarded by police in pursuit of the suspected suicide bomber and, as the unfortunate shooting took place, Quincy fled from his cab and ran into the tunnel. The CICA tribunal heard that Quincy was chased by armed police and in his panic tripped and fell to the ground. Following the incident, Quincy was diagnosed with Post Traumatic Stress Disorder and had to take a considerable amount of time off from his job before he was passed fit to continue driving trains. Quincy´s original claim for damages for severe emotional trauma was rejected on the grounds that he was some distance from the shooting but, after seeking legal advice, Quincy appealed against the decision and, almost four years after the fateful incident in Stockwell Underground Station, was awarded personal injury damages amounting to 1,000 pounds.

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